Where the warrant is unexecuted the proclamation may be issued against the accused or the property of the person may be attached.
Relevant provision.
Section 82 of The criminal procedure Code 1973 deals with the proclamation.
Object of proclamation.
The object of the proclamation is to compell the attendance of the absconder before the court of law.
When the proclamation will be issued?
Section 82 clause 1 of the code of criminal procedure 1973 provides that the person against whom a warrant has been issued has absconded are concealing himself so that warrant can not be executed, the court shall issue a written proclamation. The court shall required him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation.
Modes of publication of order of proclamation.
After the issue of proclamation publication of it is mandatory. Section 82 of The criminal procedure Code 1973 provides the the manner of publication of the proclamation order. According to Section 82 clause 2 proclamation order may be published buy the following manner –
- It shall be read publicly in some conspicuous place of the town or village in which such person ordinarily resides.
- It shall be affixed to some conspicuous part of the house in which such person ordinarily resides.
- A copy thereof shall be affixed to some conspicuous part of the court house.
- The court may also direct a copy of proclamation to be published in the daily news paper in the place where such person ordinarily resides.
Effect of publication of proclamation.
if the proclamation is published in accordance with Section 82 clause 1 and 82 clause 2 such person is bound to appear before the court at specified place and time.
Consequences when such person does not appear before Court of law.
If such person doesn’t appear within time prescribed in the proclamation before Court of law such persons will be liable for the following-
- He will held guilty of section 174-A of IPC 1860
- The court shall attach all the property of the absconder under section 83 of the code of criminal procedure 1973.
